BENTON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES APRIL 17, 2018 The Benton County Board of Commissioners met in regular session on April 17, 2018 in the Benton County Board Room in Foley, MN with Commissioners Ed Popp, Warren Peschl, Jake Bauerly, Jim McMahon and Spencer Buerkle present. Call to order by Chair Popp was at 9:00 AM followed by the Pledge of Allegiance to the flag. Peschl/Bauerly unanimous to approve the agenda as written. No one was present to speak under Open Forum. Buerkle/McMahon unanimous to approve the Consent Agenda: 1) approve the Regular Meeting Minutes of April 3, 2018 as written; 2) accept Grant Award from Benton Telecommunications Foundation for Police Activities League Program; 3) Approve Grant with State of Minnesota for Congratulate and Educate tobacco compliance checks, and authorize the Chair to sign; 4) approve 2018 Tobacco License Application for Mini Mart #4 in Rice; 5) approve 2018 SCORE Grant Applications Round II as recommended by the Solid Waste Advisory Committee; and 6) approve Final Pay Voucher for Project SP 005-603-029, CSAH 3 Up the Hill project in Sauk Rapids, to Landwehr Construction Inc., and authorize the Chair to sign. Sheriff Heck presented the Sheriff s Office Annual Report for 2017. Report highlights included: 1) Benton County PSAP (Public Safety Answering Point), also known as the dispatch center, generated 26,619 Initial Complaint Reports (ICR), with the time period from 2:00 PM to 5:00 PM being the busiest time and Fridays generating the most ICRs; 2) PSAP received 8,668 calls on the 911 lines and a total of 46,692 incoming and outgoing telephone calls on the administrative telephone lines; 3) 27 mortgage foreclosure sales were conducted, 12 fewer than in 2016; 4) 1,617 arrest warrants were received, 181 more than in 2016; 5) 15,679 ICRs were assigned to units within the Sheriff s Office, most of which were handled by the patrol division; the five most reported crimes in Benton County were theft, domestic abuse, fraud, criminal damage to property, and harassment; 6) permits to carry applications were down 34% (620) and applications for permits to purchase were down 18% (167) when compared to 2016 numbers; 7) 118 cases were assigned to the investigative division, a 12% decrease from 2016 of those 118 cases, 95 cases were cleared, creating an 81% clearance rate; 8) two full-time deputies assigned to the Violent Offender Task Force (VOTF) are charged with working long term investigations aimed at arresting those who distribute the largest quantities of illegal drugs and those who are at the highest level of leadership in local criminal gangs; VOTF investigators opened 52 cases in Benton County in 2017; 9) the jail had an average daily population of 79.85 inmates, an increase of 4.9 over 2016, and the average length of an inmate s stay was 11.6 days, 1.45 days less than in 2016; over $51,000 in inmate fees was collected and over $503,000 from prisoner boarding; CentraCare became the new jail medical provider; 10) Sentenced to Service crew worked 4,366 hours on projects, working off $10,293 in fines and over 545 jail days; 11) two rounds of tobacco compliance checks were performed on 16 businesses only one tobacco retailer failed in the first round and all 16 businesses passed in the second round; 12) volunteers Mounted Patrol members worked a total of 1,012 hours; ten volunteer reserve deputies performed a total of 328 hours of service; approximately 123 volunteers in the jail performed 1,778 hours of work; 13) public outreach youth ATV/snowmobile instruction, DARE program, Police Activities League, and 14) social/print media Sheriff s Office continues to make use of Facebook, Twitter and the Benton County News/Sauk Rapids Herald, as well as other media, to distribute information and crime prevention strategies. County Board Minutes/April 17, 2018 Page 1
Sheriff Heck requested Board approval for review of the Assistant Jail Administrator position by the county s consultant; he detailed the duties and responsibilities of this position which he believes have changed substantially since the last study ten years ago. Bauerly inquired if too many of those new duties/responsibilities have been delegated by the Jail Administrator to the Assistant Jail Administrator. Buerkle commented on the difficulty on the part of the County Board to determine if these changes are substantial enough to warrant this review. McMahon stated it s not up to us to determine that the request is to send it to a qualified outside agency to see if they feel these duties have changed enough to be further compensated Motion by McMahon to authorize the completion of a position evaluation questionnaire for the Assistant Jail Administrator and its submission to our consultant for review. Second by Peschl for discussion. Per request of Commissioner Peschl, Administrator Headley provided an overview of the consultant s process for position evaluation. Following brief discussion, the motion failed with Popp and McMahon voting aye and Bauerly, Buerkle and Peschl voting nay. McMahon suggested that Sheriff Heck return to the Board with a more detailed breakdown of the added duties/responsibilities assumed by the Jail Administrator and those delegated to the Assistant Jail Administrator. Gerry Maciej, Benton SWCD District Manager, presented a review of 2017 Benton SWCD accomplishments. Report highlights included: 1) MN Buffer Law Implementation (2,071 parcels in Benton County subject to the MN Buffer Law; total compliance status: 96%); 2) Mississippi River/Little Rock Lake Drawdown (drawdowns have shown to benefit water quality, improve shoreland stability, decrease erosion and improve fish and wildlife habitation; Maciej commented on the great support shown by the Little Rock Lake Association); 3) County Comprehensive Water Management Plan Update (a community-driven plan; plan priorities are surface/groundwater quality and quantity, feedlot and nutrient management, erosion and sedimentation, and development); 4) West Central Technical Service Area (staff provide engineering and technical assistance for projects that cannot be completed within the individual SWCD); and 5) Financial Contributions for Benton County Conservation Projects in 2017 totaled $2,307,850. Maciej reported that Benton SWCD is making plans for the annual Tour of Conservation Practices; this event will be held during the week of September 10 th -14 th that best fits the schedule of the County Board and County Administrator. Chris Byrd, County Engineer, explained that, as part of Benton County s five-year road construction plan, CR 78 was identified to be reconstructed in 2019; however, due to staff turnover in the engineering department, the department is not able to meet the design schedule. He stated the need to hire an outside consultant to keep the project on schedule; however, this will cost significantly more than using in-house staff (could exceed $100,000). McMahon inquired of the engineering cost of a mill and overlay versus the engineering cost of full reconstruction; Byrd stated that the engineering costs of a full reconstruction are significantly higher. Popp commented I drove from CR 12 to CR 2 it is horrible maybe it s time we look at outsourcing all this engineering work we are hiring and training staff and they move on we can t keep going this route Bauerly stated his agreement that this project needs to move forward, commenting if we re going to do a road, do it right Byrd commented if we don t want to hire it out and we delay until the staff we do have now are trained in and have the experience in another year, bituminous prices could increase He stated his hope to eventually have engineering staff with long term stability ; further, that in-house staff is more cost effective than outsourcing for the long term. Buerkle stated he would like to see the County Engineer s project prioritization program. In response to Bauerly s inquiry, Byrd clarified that he has verbal agreement with Morrison County staff to incorporate their ½ mile segment as part of this project. There was majority consensus of the Board to move forward with the CR 78 reconstruction and that Byrd return to the Board with a proposed contract for an outside consultant. County Board Minutes/April 17, 2018 Page 2
County Engineer Byrd reported on proposed legislation with regard to retainage release for public works projects. A public hearing to consider Ordinance #463 to rezone 12.28 acres from Agricultural to B-2 Business Enterprise District, in Section 12 of Langola Township, was opened at 10:17 AM. Roxanne Achman, Department of Development Director, explained that the applicant, Doug Friedrich, and owners Scott and Julie Smith, are requesting to rezone 12.28 acres from the Agricultural District to B-2 Business Enterprise, for the purpose of operating an auto and truck sales business. She noted that the site is located at the southeast corner of the intersection of Highway 10 and 165 th Street NW, just north of Rice Farm Supply and approximately a quarter mile south of the Benton/Morrison County line. Achman pointed out that the 2006 Benton County Comprehensive Plan shows this area as future Commercial/ Industrial; the Planning Commission is recommending approval of this request. Greg Bruestle, Langola Township Supervisor, stated that while he is personally in favor of new development, he cannot speak for the full Board. Scott Smith (43453 105 th Avenue, Holdingford) stated he is the property owner and desires to sell this property as the lot is too large for his needs. No one else was present to speak to the request; the public hearing was closed at 10:27 AM. At this time, Board members read the Benton County Planning Commission Record of Findings and Decision into the record. Bauerly pointed out that this request is consistent with the economic development initiative of the county; further, that the farming value of this property is little to none. Peschl/McMahon unanimous to approve Ordinance #463 to rezone 12.28 acres in Section 12 of Langola Township from Agricultural to B-2 Business Enterprise District, and authorize the Chair to sign. Achman explained that Benton County has set $100,000 aside to update the 2006 Comprehensive Plan and Development Code; Hoisington Koegler Group Inc. (HKGi) was chosen to assist Benton County in the update. She noted that the proposed contract with HKGi anticipates that the fee for services is not to exceed $100,000; the contract details a completion date of no later than December 31, 2019. Buerkle/ Peschl unanimous to approve the contract with Hoisington Koegler Group Inc. for the update of the 2006 Comprehensive Plan and Development Code, and authorize the Chair to sign. Board consensus that a representative from HKGi be present at tomorrow s strategic planning meeting. Achman reported that Benton County has received funding from the State of MN in regards to Aquatic Invasive Species (AIS) prevention at a rate of $37,040 in 2016, $35,228 in 2017, and will receive $34,892 in 2018; the State requires that a resolution be passed or a plan be developed to guide the spending of the funds based on action items and their relation to AIS prevention. Achman noted that a group of Lake Association and Water Resource Advisory members were assembled to work with Crow River Organization of Water (CROW) to develop and review an AIS Plan. Diane Sander from CROW was present to provide detail contained in the AIS Prevention and Management Plan. McMahon inquired if approval of the plan locks Benton County into performing these functions if State funding were to end. Sander commented as far as I know, the State would not hold the County to continue this if funding were to cease Achman noted that, once the plan is adopted, the AIS Task Force Committee will need to be formed; their primary focus will be reviewing projects requesting AIS funding. Peschl inquired about the ability for the Department of Development to manage this plan. Achman stated we are going to try to engage the public as much as possible ultimately, I d like the task force to be primary in bringing forward events/activities Peschl/McMahon unanimous to adopt Resolution 2018-#14, approving and adopting the Benton County Aquatic Invasive Species Prevention and Management Plan, and authorize the Chair to sign. County Board Minutes/April 17, 2018 Page 3
Administrator Headley referenced the vagueness of the reclassification process, stating his intent to contact the consultant for some type of tool/checklist that the county could use to determine whether or not a possible reclassification may be warranted. Headley explained that, in order for the Region 7W counties to continue receiving a federal grant to maintain the CEDS (Comprehensive Economic Development Strategies), the member counties must form a Joint Powers Board. He noted that the CEDS was recently updated by Central MN Employment and Training for Benton, Sherburne, Stearns and Wright counties. Headley stated that, as part of this action, each county should appoint two representatives who may be County Board members, or community leaders, representatives of workforce development boards, institutions of higher education, minority and labor groups and private individuals. Peschl/Bauerly unanimous to adopt a Central Minnesota Economic Development 7W Joint Powers Agreement, and authorize the Chair to sign. McMahon/Peschl unanimous to appoint Commissioner Jake Bauerly and Benton Economic Partnership Executive Director, John Uphoff, as Benton County s representatives to the Central Minnesota Economic Development 7W Joint Powers Board. Headley referenced recent Board discussion, in a Committee of the Whole, about re-establishing the Park Commission; the Board also discussed potential changes to the Park Commission membership structure. Headley noted that the Park Commission was established by ordinance, most recently in 2002/2003. He provided an overview of a proposed Park Commission ordinance and bylaw revisions which he drafted consistent with previous Board discussion, noting that the theme of the proposed ordinance/bylaws is more flexibility. Headley pointed out that once the proposed changes are acceptable to the County Board, he will schedule the ordinance and bylaw revisions for a public hearing. McMahon suggested one change to Headley s proposal that meetings be held as needed, but no less than twice per year. No formal action was taken at this time. Roxanne Achman, Department of Development Director, explained the changes being proposed to the Administrative Subdivision section of the Development Code; these proposed changes will be brought forward to the Planning Commission for a recommendation to the County Board. Board members reported on recent meetings they attended on behalf of the county. Under Commissioner Concerns, Bauerly stated his encouragement for more public research in considering higher truck weight limits in the state; he stated his belief that higher weight limits allowed in neighboring states, as well as in Canada, puts Minnesota at a competitive disadvantage. No Committees of the Whole were set. McMahon/Peschl unanimous to adjourn at 11:34 AM. ATTEST: Edward D. Popp, Chair Benton County Board of Commissioners Montgomery Headley Benton County Administrator County Board Minutes/April 17, 2018 Page 4
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